BILL NUMBER: AB 1721	CHAPTERED  07/21/00

	CHAPTER   147
	FILED WITH SECRETARY OF STATE   JULY 21, 2000
	APPROVED BY GOVERNOR   JULY 21, 2000
	PASSED THE ASSEMBLY   JULY 6, 2000
	PASSED THE SENATE   JUNE 29, 2000
	AMENDED IN SENATE   JUNE 7, 2000
	AMENDED IN ASSEMBLY   APRIL 4, 2000

INTRODUCED BY   Assembly Member Cardenas

                        JANUARY 4, 2000

   An act to amend Sections 48919 and 48923 of the Education Code,
relating to pupil expulsion.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1721, Cardenas.  Pupil expulsion.
   Existing law authorizes a pupil who is expelled from school, or
the pupil's parent or guardian, to file an appeal to the county board
of education within 30 days following the decision of the governing
board to expel and requires the county board of education to hold a
hearing on the appeal and render its decision.  Existing law requires
the pupil to submit a request for a copy of the written transcripts
and supporting documents from the school district simultaneously with
the filing of the notice of appeal with the county board of
education.  Existing law requires the school district to provide the
pupil with the transcripts, supporting documents, and records within
5 schooldays following the pupil's request.
   This bill would require the pupil's request for a copy of the
written transcripts and supporting documents to be in writing and
would require the school district to provide the pupil with the
transcripts, supporting documents, and records within 10 schooldays
following the pupil's request.
   Existing law authorizes a county board of education to remand an
expulsion matter to the governing board of a school district for
reconsideration or grant a hearing de novo if the county board finds
that relevant and material evidence exists which, in the exercise of
reasonable diligence, could not have been produced or which was
improperly excluded at the hearing before the governing board.
Existing law requires the governing board of a school district to
make certain findings when it expels a pupil.
   This bill would authorize a county board to remand an expulsion
matter to the governing board of a school district for adoption of
required findings if the county board determines that the  decision
to expel a pupil is not supported by the required findings, but
evidence supporting those findings exists in the record of the
expulsion hearing.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 48919 of the Education Code is amended to read:

   48919.  If a pupil is expelled from school, the pupil or the pupil'
s parent or guardian may, within 30 days following the decision of
the governing board to expel, file an appeal to the county board of
education which shall hold a hearing thereon and render its decision.

   The county board of education, or in a class 1 or class 2 county a
hearing officer or impartial administrative panel, shall hold the
hearing within 20 schooldays following the filing of a formal request
under this section.  If the county board of education hears the
appeal without a hearing conducted pursuant to Section 48919.5, then
the board shall render a decision within three schooldays of the
hearing conducted pursuant to Section 48920, unless the pupil
requests a postponement.
   The period within which an appeal is to be filed shall be
determined from the date a governing board votes to expel even if
enforcement of the expulsion action is suspended and the pupil is
placed on probation pursuant to Section 48917.  A pupil who fails to
appeal the original action of the board within the prescribed time
may not subsequently appeal a decision of the board to revoke
probation and impose the original order of expulsion.
   The county board of education shall adopt rules and regulations
establishing procedures for expulsion appeals conducted under this
section.  If the county board of education in a class 1 or class 2
county elects to use the procedures in Section 48919.5, then the
board shall adopt rules and regulations establishing procedures for
expulsion appeals conducted under Section 48919.5.  The adopted rules
and regulations shall include, but need not be limited to, the
requirements for filing a notice of appeal, the setting of a hearing
date, the furnishing of notice to the pupil and the governing board
regarding the appeal, the furnishing of a copy of the expulsion
hearing record to the county board of education, procedures for the
conduct of the hearing, and the preservation of the record of the
appeal.
   The pupil shall submit a written request for a copy of the written
transcripts and supporting documents from the school district
simultaneously with the filing of the notice of appeal with the
county board of education.  The school district shall provide the
pupil with the transcriptions, supporting documents, and records
within 10 schooldays following the pupil's written request.  Upon
receipt of the records, the pupil shall immediately file suitable
copies of these records with the county board of education.
  SEC. 2.  Section 48923 of the Education Code is amended to read:
   48923.  The decision of the county board shall be limited as
follows:
   (a) If the county board finds that relevant and material evidence
exists which, in the exercise of reasonable diligence, could not have
been produced or which was improperly excluded at the hearing before
the governing board, it may do either of the following:
   (1) Remand the matter to the governing board for reconsideration
and may in addition order the pupil reinstated pending the
reconsideration.
   (2) Grant a hearing de novo upon reasonable notice thereof to the
pupil and to the governing board.  The hearing shall be conducted in
conformance with the rules and regulations adopted by the county
board under Section 48919.
   (b) If the county board determines that the decision of the
governing board is not supported by the findings required to be made
by Section 48915, but evidence supporting the required findings
exists in the record of the proceedings, the county board shall
remand the matter to the governing board for adoption of the required
findings.  This remand for the adoption and inclusion of the
required findings shall not result in an additional hearing pursuant
to Section 48918, except that final action to expel the pupil based
on the revised findings of fact shall meet all requirements of
subdivisions (j) and (k) of Section 48918.
   (c) In all other cases, the county board shall enter an order
either affirming or reversing the decision of the governing board.
In any case in which the county board enters a decision reversing the
local board, the county board may direct the local board to expunge
the record of the pupil and the records of the district of any
references to the expulsion action and the expulsion shall be deemed
not to have occurred.
